A MAN who strangled and attacked his ex-girlfriend has been spared jail after a significant change in his health.
Scott Andrews, of Hywelfa in Southsea, appeared at Mold Crown Court for sentence on Thursday.
The 40-year-old had been convicted at a previous hearing of two counts of assault by beating, one of intentional strangulation and a further offence of criminal damage.
Laura Knightly, prosecuting, told the court that on July 28 last year, police received numerous 999 calls reporting an ongoing domestic incident at the home of the victim, Emma Jones, in Moss, Wrexham.
She and Andrews had been in a ten-week relationship which had ended a day earlier.
The defendant had gone to her address to collect some belongings, when the situation turned into a "physical fight" over the victim's phone.
Andrews had demanded to see her messages before pushing her to the floor.
A second push by him saw her fall into the kitchen wall, injuring herself, following which the defendant pinned her to the floor by her neck, causing her to struggle to breathe.
The defendant stamped on her mobile phone three or four times before Ms Jones fled the house.
When the police spoke to him, Andrews denied "laying a finger on her" and said his ex-partner had "made it up."
Ms Jones said the incident had left her with pain in her neck from the strangulation, a lump on her head and bruising to her arm - as well as a bill totalling hundreds of pounds for the phone.
Simon Rogers, defending, told the court that in January this year, his client suffered a stroke which had markedly affected his health.
He spent two to three weeks in a coma and had treatment at Wrexham Maelor Hospital, Deeside Hospital and a specialist unit at Walton.
Andrews is not expected to work again as he has to wear a brace and has limited movement.
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Mr Rogers explained the condition has also left him with numbness down his left side, which has also impacted on his speech.
The court heard the defendant's family is providing care and support as he is currently living on universal credit.
Mr Rogers said: "It does appear there have been some historical issues with alcohol. He tells me those issues arose following the breakdown of his marriage."
Judge Rhys Rowlands told the defendant the crimes warranted an "almost inevitable" jail term of 18 months, explaining: "The incident was fairly protracted in nature and unpleasant injuries resulted.
"But it was entirely out of character and as of now, you sadly suffer from a marked degree of ill-health.
"Had you been charged and in court in July or August, you'd have gone to prison.
"But your circumstances are sadly now very different and that does compel the court to draw back from immediate custody."
The Judge handed down a 12 month custodial term, but suspended it for 18 months.
Andrews must undertake up to 25 rehabilitation sessions and pay £500 in compensation to his victim, as well as a £154 victim surcharge.
A five year restraining order was imposed to protect the victim.
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